News Essentials: 19th August 2023


A brief summary of the essential family law news and cases from the last week: 

NEWS

Family Court refuses application to reopen findings made in 2016
A Family Court judge has rejected a mother’s “speculative and hopeful” application to reopen findings of fact made in 2016, which found her to be the perpetrator of injuries inflicted on her child when he was a small baby. Full story: Local Government Lawyer.

Frederick Barclay will not face punishment over divorce costs breach, says judge

Ruling is part of long-running legal battle between businessman and ex-wife Hiroko Barclay. Full story: The Guardian.

Judge’s pleasure at skilled advocacy in ‘titanic’ family case
A retiring judge praised legal representatives involved in ‘titanic litigation’ of a financial remedy case describing it as a ‘pleasure to conclude my judicial career with the receipt of such skilful advocacy’. Full story: Law Society Gazette.

Ofsted issues warning against placement of vulnerable children in unregistered homes
Ofsted has warned that “too often”, children subject to deprivation of liberty orders are placed in illegal unregistered settings without external oversight. Full story: Local Government Lawyer.

Millionaire wins cash fight with estranged wife despite judge dubbing him ‘liar’
Susan Baker, 75, had argued that she should get a £9.3 million lump sum following the breakdown of her marriage to Andrew Baker. Full story: The Independent.

CASES

P v O [2023] EWHC 2128 (Fam) (30 June 2023)
Father's application for summary return of children to the Republic of Ireland, opposed on basis of child objections and harm. Return ordered. Full report: National Archives. See also here for mother's application to set aside order, which was dismissed.

Bournemouth Christchurch & Poole Council v M & Ors [2023] EWFC 140 (18 July 2023)
Final hearing of application by local authority for supervision orders in respect of four children. Full report: National Archives.

Redcar & Cleveland Borough Council v AB & Ors [2023] EWFC 139 (7 July 2023)
Fact-finding hearing in care proceedings issued due to concerns relating to risk of fabricated or induced illness. Full report: National Archives.

AB v CD [2023] EWHC 1670 (Fam) (23 June 2023)
Application by father for summary return of child to Portugal. Mother's Art 13(b) and child objection defences rejected and return ordered. Full report: National Archives.

Jardaneh v Jardaneh [2022] EWFC 201 (28 September 2022)
Application of wife, by way of judgment summons, for the committal of husband to prison for failure to make payments ordered under family law orders. Full report: Bailii.

DT v Secretary of State for Work and Pensions (CSM) [2023] UKUT 175 (AAC) (17 July 2023)
Child support - calculation of gross income - whether historic or current income - relevant year for historic income - whether dividends to be taken into account in current income - variation on ground of diversion of income. Tribunal practice - consent orders and concessions - whether reasons required for making consent orders or accepting concessions. Full report: Bailii.

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